Bushkill Twp. child molester can't withdraw guilty plea, judge rules

When Dennis L. Prendes of Bushkill Township went to trial in September on charges he had sexually abused a girl for eight years, he insisted on the witness stand that it never happened.

But then, moments before the jury delivered its verdict, Prendes changed his tune, taking a plea agreement in which he admitted he was, in fact, a child molester, in exchange for a guaranteed 21/2- to five-year state prison term.

Now facing the imposition of that sentence, can Prendes go back to proclaiming his innocence, reversing course a second time and demanding another trial? That was a question before Northampton County Judge Michael Koury Jr. on Friday, who gave it a resounding no.

Koury denied Prendes' request to withdraw his guilty plea, finding case law makes clear that it would allow defendants "an unfair advantage" and "a means of obtaining an entirely new jury" when things appeared to be going against them at trial.

Koury made the decision during a hearing in which he argued at length with Prendes' new defense attorney, James Swetz, who didn't represent him in September. Swetz noted that Pennsylvania liberally allows defendants to change their minds before sentencing, provided prosecutors can't show substantial prejudice, something he maintained they couldn't do in Prendes' case.

Prendes' surprise plea bargain came Sept. 18 after jurors, in their second day of deliberations, informed Koury they had reached unanimity on some of the counts, but were "hopelessly" divided on others. The jury was about to enter the courtroom to deliver its verdict when the plea deal the struck.

At trial, the victim said inappropriate touching escalated to Prendes forcing her to perform oral sex. But in outlining the facts that justified the guilty plea, Assistant District Attorney Patricia Broscius said nothing of the more serious allegation, with Prendes admitting only to charges of indecent assault, corrupting a minor and endangering the welfare of a child.

Swetz argued that allowing Prendes to withdraw his plea would only put the prosecution in the same place as under a jury that deadlocked on some of the charges: having to try the case again.

"The commonwealth knew, prior to sentencing, the defendant had a liberal right to withdraw his plea," Swetz said.

Broscius opposed the withdrawal, labeling it "unjust" and saying it would "substantially traumatize the victim."

"It would be unfair for the defendant to have a second bite at the apple," Broscius told Koury.

When Prendes pleaded guilty, his sentencing had to be delayed in order for him to be evaluated by a psychologist to determine whether he should be classified as sexually violent predator.

With his request to pull his plea rejected, Prendes' sentencing will proceed on Jan. 11. Beyond the 21/2 to five years in prison, the agreement calls for him to receive three years of probation.